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Geng v. State

O.C.G.A. § 40-13-60 is unconstitutional to the extent it restricts a criminal defendant to a bench trial for cases disposed of in traffic violations bureau.

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John Geng, Jr., appeals his conviction for speeding, challenging the constitutionality of the statutes upon which the trial court relied in denying his request for a jury trial. Because Geng was entitled to trial by jury in accordance with Art. I, Sec. I, Par. XI of the Georgia Constitution, we reverse the judgment below. Geng was stopped by a City of Atlanta police officer and was issued a Uniform Traffic Citation for speeding. The citation charged Geng with violating OCGA § 40-6-181 of Georgia’s Motor Vehicle Code in that he was driving his vehicle 80 miles per hour in an area with a posted speed limit of 55 miles per hour. This offense constitutes a misdemeanor under state law. Geng was ordered to appear to answer the charge in the City Court of Atlanta. He filed a proper written demand for jury trial in that court. His demand was denied and his case was transferred to the City Court of Atlanta Traffic Violations Bureau for disposition. Geng moved for reconsideration, asserting that the deprivation of trial by jury violated Art. I, Sec. I, Par. XI of the Georgia Constitution, and denied him equal protection of the law under both the federal and Georgia Constitutions; reconsideration was denied. Geng was tried before a judge in the traffic violations bureau, was found guilty of speeding, and was fined $315. The sentencing order contained in the record on appeal also specified that upon default of such payment, a six-month period of incarceration is to be imposed.

1. Traffic Violations Bureau.

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